4818 Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Rules and Regulations 

determination of whether an entity is 

domestic or foreign is made 

independently from the determination 

of its corporate or non-corporate 

classification. See §§ 301.7701–2 and 

301.7701–3 for the rules governing the 

classification of entities. 

(b) Examples. The following examples 

illustrate the rules of this section: 

Example 1. (i) Facts. Y is an entity that is 

created or organized under the laws of 

Country A as a public limited company. It is 

also an entity that is organized as a limited 

liability company (LLC) under the laws of 

State B. Y is classified as a corporation for 

Federal tax purposes under the rules of 

§§ 301.7701–2, and 301.7701–3. 

(ii) Result. Y is a domestic corporation 

because it is an entity that is classified as a 

corporation and it is organized as an entity 

under the laws of State B. 

Example 2. (i) Facts. P is an entity with 

more than one owner organized under the 

laws of Country A as an unlimited company. 

It is also an entity that is organized as a 

general partnership under the laws of State 

B. P is classified as a partnership for Federal 

tax purposes under the rules of §§ 301.7701–

2, and 301.7701–3. 

(ii) Result. P is a domestic partnership 

because it is an entity that is classified as a 

partnership and it is organized as an entity 

under the laws of State B. 

(c) Effective date.—(1) General rule. 

Except as provided in paragraph (c)(2) 

of this section, the rules of this section 

apply as of August 12, 2004, to all 

business entities existing on or after that 

date. 

(2) Transition rule. For business 

entities created or organized under the 

laws of more than one jurisdiction as of 

August 12, 2004, the rules of this 

section apply as of May 1, 2006. These 

entities, however, may rely on the rules 

of this section as of August 12, 2004. 

§ 301.7701–5T [Removed] 

■ Par. 7. Section 301.7701–5T is 

removed. 

Approved: January 17, 2006. 

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

Eric Solomon, 

Acting Deputy Assistant Secretary of the 

Treasury. 

[FR Doc. 06–817 Filed 1–27–06; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 392 

[DoD Instruction 5134.04] 

Director of Small and Disadvantaged 

Business Utilization 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This document removes 

regulations from Title 32 of the Code of 

Federal Regulations concerning the 

Director of Small and Disadvantaged 

Business Utilization. This part has 

served the purpose for which it was 

intended in the CFR and is no longer 

necessary. 

EFFECTIVE DATE: January 30, 2006. 

FOR FURTHER INFORMATION CONTACT: L.M. 

Bynum (703) 696–4970. 

SUPPLEMENTARY INFORMATION: The 

revised DoD Instruction 5134.04 is 

available at http://www.dtic.mil/whs/ 

directives/corres/html/513404.htm. 

List of Subjects in 32 CFR Part 392 

Organizations. 

PART 392—[REMOVED] 

■ Accordingly, by the authority of 10 

U.S.C. 301, 32 CFR part 392 is removed. 

Dated: January 24, 2006. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 06–814 Filed 1–27–06; 8:45 am] 

BILLING CODE 5001–06–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Honolulu 06–002] 

RIN 1625–AA87 

Security Zone; Pearl Harbor and 

Adjacent Waters, Honolulu, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: This temporary rule 

establishes a 500-yard moving security 

zone around the U.S. Forces vessel 

SBX–1 during transit and float-off 

operations in the waters adjacent to 

Pearl Harbor, HI. The SBX–1 will transit 

aboard the M/V BLUE MARLIN and will 

be floated-off and escorted into Pearl 

Harbor. This security zone is necessary 

to protect the SBX–1 from hazards 

associated with other vessels or persons 

approaching too close during the transit, 

float-off, and escort operations. Entry of 

persons or vessels into this temporary 

security zone is prohibited unless 

authorized by the Captain of the Port 

(COTP). 

DATES: This rule is effective from 12 

a.m. (HST) on January 13, 2006 to 11:59 

p.m. (HST) on January 31, 2006. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket COTP 

Honolulu 06–002 and are available for 

inspection or copying at Coast Guard 

Sector Honolulu between 7 a.m. and 

3:30 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant (Junior Grade) Quincey 

Adams, U.S. Coast Guard Sector 

Honolulu at (808) 842–2600. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The Coast 

Guard was not given the final voyage 

plan in time to initiate full rulemaking, 

and the need for this temporary security 

zone was not determined until less than 

30 days before the SBX–1 will require 

the zone’s protection. Publishing an 

NPRM and delaying the effective date 

would be contrary to the public interest 

since the transit would occur before the 

rulemaking process was complete, 

thereby jeopardizing the security of the 

people and property associated with the 

operation. Under 5 U.S.C. 553(d)(3), the 

Coast Guard finds that good cause exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register. The COTP finds this good 

cause to be the immediate need for a 

security zone to allay the waterborne 

security threats surrounding the SBX–

1’s transit. 

Background and Purpose 

On January 9, 2006, U.S. Forces vessel 

SBX–1 entered the Honolulu Captain of 

the Port Zone while attached to the 

loading platform of M/V BLUE 

MARLIN. COTP Honolulu Order 06–001 

established a security zone to protect its 

float-off and transit into Pearl Harbor, HI 

(165.T14–131 Security Zone; Pearl 

Harbor and adjacent waters, Honolulu, 

HI). 

That temporary final rule expired on 

January 12, 2006 at 11:59 p.m. The Navy 

contacted the Coast Guard that day to 


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Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Rules and Regulations 4819 

request a security zone that will protect 

the same operation through January 31, 

2006 because unfavorable weather has 

thus far prevented its completion. The 

Coast Guard agrees that a temporary 

moving 500-yard security zone around 

the SBX–1 is necessary to protect it for 

the entire operation. 

Discussion of Rule 

This temporary security zone is 

effective from 12 a.m. (HST) on January 

13, 2006 to 11:59 p.m. (HST) on January 

31, 2006. It is located within the 

Honolulu Captain of the Port Zone (See 

33 CFR 3.70–10) and covers all waters 

extending 500 yards in all directions 

from U.S. Forces vessel SBX–1, from the 

surface of the water to the ocean floor. 

The security zone moves with the SBX–

1 while it is aboard M/V BLUE MARLIN 

or being floated-off, then continues to 

move with the SBX–1 while it is in 

transit. The security zone becomes fixed 

when the SBX–1 is anchored, positionkeeping, or moored. 

The general regulations governing 

security zones contained in 33 CFR 

165.33 apply. Entry into, transit 

through, or anchoring within this zone 

is prohibited unless authorized by the 

Captain of the Port or a designated 

representative thereof. Any Coast Guard 

commissioned, warrant, or petty officer, 

and any other Captain of the Port 

representative permitted by law, may 

enforce the zone. The Captain of the 

Port may waive any of the requirements 

of this rule for any person, vessel, or 

class of vessel upon finding that 

application of the security zone is 

unnecessary or impractical for the 

purpose of maritime security. Vessels or 

persons violating this rule are subject to 

the penalties set forth in 33 U.S.C. 1232 

and 50 U.S.C. 192. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under § 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under § 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

The Coast Guard expects the 

economic impact of this rule to be so 

minimal that a full Regulatory 

Evaluation under the regulatory policies 

and procedures of DHS is unnecessary. 

This expectation is based on the short 

duration of zones, the limited 

geographic area affected by them, and 

their ability to move with the protected 

vessels. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule will have a significant 

economic impact on a substantial 

number of small entities. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. We 

expect that there will be little or no 

impact to small entities due to the 

narrowly tailored scope of these security 

zones. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding this rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

either preempts State law or imposes a 

substantial direct cost of compliance on 

them. We have analyzed this rule under 

that Order and have determined that it 

does not have implications for 

federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 


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4820 Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Rules and Regulations 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards is inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that limit the use of a 

categorical exclusion under section 

2.B.2 of the Instruction. Therefore, 

under figure 2–1, paragraph (34)(g) of 

the Commandant Instruction 

M16475.1D, this rule is categorically 

excluded from further environmental 

documentation. 

List of Subjects 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and record-keeping 

requirements, security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T14–132 to read as 

follows: 

§ 165.T14–132 Security Zone; Pearl Harbor 

and adjacent waters, Honolulu, HI 

(a) Location. The following area, 

within the Honolulu Captain of the Port 

Zone (See 33 CFR 3.70–10), from the 

surface of the water to the ocean floor, 

is a security zone: All waters extending 

500 yards in all directions from U.S. 

Forces vessel SBX–1. The security zone 

moves with the SBX–1 while it is 

aboard M/V BLUE MARLIN or being 

floated-off, then continues to move with 

the SBX–1 while it is in transit. The 

security zone becomes fixed when the 

SBX–1 is anchored, position-keeping, or 

moored. 

(b) Effective Dates. This security zone 

is effective from 12 a.m. (HST) on 

January 13, 2006 to 11:59 p.m. (HST) on 

January 31, 2006. 

(c) Regulations. The general 

regulations governing security zones 

contained in 33 CFR 165.33 apply. Entry 

into, transit through, or anchoring 

within this zone is prohibited unless 

authorized by the Captain of the Port or 

a designated representative thereof. 

(d) Enforcement. Any Coast Guard 

commissioned, warrant, or petty officer, 

and any other Captain of the Port 

representative permitted by law, may 

enforce this temporary security zone. 

(e) Waiver. The Captain of the Port 

may waive any of the requirements of 

this rule for any person, vessel, or class 

of vessel upon finding that application 

of the security zone is unnecessary or 

impractical for the purpose of maritime 

security. 

(f) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: January 12, 2006. 

M.K. Brown, 

Captain, U.S. Coast Guard, Captain of the 

Port, Honolulu. 

[FR Doc. 06–810 Filed 1–27–06; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–06–001] 

RIN 1625–AA87 

Security Zone; Superbowl XL, Detroit 

River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

on the Detroit River, Detroit, Michigan. 

This zone is intended to restrict vessels 

from a portion of the Detroit River in 

order to ensure the safety of up to 

450,000 people expected to attend 

Super Bowl XL at Ford Field as well as 

related events at Cobo Hall, Hart Plaza 

and the Renaissance Center in 

downtown Detroit. 

DATES: This rule is effective from 8 a.m. 

(local) on January 31, 2006 through 8 

a.m. (local) on February 6, 2006. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket [CGD09–06–001] and are 

available for inspection or copying at 

U.S. Coast Guard Sector Detroit, 110 Mt. 

Elliott Ave. Detroit, MI 48207 between 

8 a.m. (local) and 4 p.m. (local), Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

LTJG Cynthia Channell, Waterways 

Management, Sector Detroit, 110 Mt. 

Elliott Ave., Detroit, MI 48207; (313) 

568–9580. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The permit 

application was not received in time to 

publish an NPRM followed by a final 

rule before the effective date. Under 5 

U.S.C. 553(d)(3), good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying this rule would be 

contrary to the public interest of 

ensuring the security of the spectators 

and participants during this event and 

immediate action is necessary to 

prevent possible loss of life or property. 

The Coast Guard has not received any 

complaints or negative comments 

previously with regard to this event. 

Background and Purpose 

This temporary security zone is 

necessary to ensure the safety of up to 

450,000 people expected to attend 

Super Bowl XL at Ford Field as well as 

related events at Cobo Hall, Hart Plaza 

and the Renaissance Center in 

downtown Detroit. 

All persons and vessels, other than 

those approved by the Captain of the 

Port Detroit, or his authorized 

representative, are prohibited from 

entering or moving within this security 

zone. The Captain of the Port Detroit, or 

his authorized on-scene representative, 

may be contacted via VHF Channel 16 

for further instructions before transiting 

through the restricted area. The public 

will be made aware of the existence of 

this security zone and the restrictions 

involved via Broadcast Notice to 

Mariners. 


cprice-sewell on PROD1PC66 with RULES